Skip to main content
05-2023-5033Administrative - FormalFinal Order IssuedFY 2023· Region 05

EPA v. INDIANA AMERICAN WATER COMPANY, OGDEN DUNES - CAA112R RMP ACO

Final Order No Penalty

Case summary

EPA inspected IN-AWC?s Ogden Dunes Water Treatment Plant at 84 Diana Road, Portage, Indiana (the Facility) on December 6 and 7, 2021 (the Inspection). During the Inspection, EPA reviewed several documents associated with the Risk Management Plan (RMP) developed by IN-AWC pursuant to the CAPP. EPA noted deficiencies in IN-AWC?s RMP in the following categories: process safety information, process hazard analysis, operating procedures, training, mechanical integrity, compliance audit, employee participation, and emergency response. A Finding of Violation was issued to IN-AWC on March 31, 2022 (March 2022 FOV), regarding the deficiencies noted during the Inspection. A consent agreement and final order is concurrently being issued to resolve the violations alleged in the March 2022 FOV. The ACO addresses the violations set forth in the March 2022 FOV. In addition to assuring compliance with the CAPP, this ACO requires IN-AWC to convert the disinfection process at the facility from a chlorine gas disinfection process to a hypochlorite disinfection process. Since hypochlorite is not a regulated substance under the CAPP, the Facility will no longer need to comply with the CAPP after it eliminates chlorine at the Facility.

Defendants (1)

  • INDIANA AMERICAN WATER COMPANY, OGDEN DUNESNamed in complaintNamed in settlement

Facilities (1)

  • OGDEN DUNES WATER COMMUNITY WIDE

    115 HILLCREST RD, PORTAGE, IN, 46368

    Registry ID: 110063584269

Statutes cited

  • CAA 112[R][7]Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

  • INDIANA AMERICAN WATER COMPANY, OGDEN DUNES - CAA112R RMP ACOentered 2023-08-15

    Primary law: CAA

Timeline (2 milestones)

  • 2023-08-15Final Order Issued
  • 2023-08-17Enforcement Action Data Entered

Case metadata

EPA activity ID
3603685677
Case number
05-2023-5033
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
Prevention of Accidental Release/Risk Management Plans (RMPs)

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2023-5033 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.